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Institutional Agreement Between Switzerland And The Eu Key Points In Brief

The Federal Council is asking for clarification on the issues Since the Federal Council has not yet been able to sign the negotiated agreement, the European Commission has already reacted with retaliatory measures. Since 1 July 2019, the EU has no longer recognised Swiss stock market regulation as equivalent to EU stock market regulation. This is a purely political manoeuvre for which there is no objective reason. Finally, there is no legal link with Brexit, but there are parallels, because the withdrawal agreement also contains institutional rules. Thus, the dispute settlement model is broadly similar to that of the draft Swiss-EU institutional agreement. In addition, after the transition period, the EU will soon have to start negotiations on legal relations with the UK as part of the withdrawal agreement. From his point of view, it would be good if the institutional agreement between the EU and Switzerland were to depart between now and then. Whether this will be possible, however, will depend to a large extent on the measures that the Swiss federal government will take in the current complex situation, where a wide range of issues have been linked. The framework agreement, which would more or less replace existing bilateral agreements, would retain the five main market access agreements between Switzerland and the EU and serve as a „roof” for these agreements. They concern (1) the free movement of persons, (2) technical and commercial obstacles, (3) agriculture, (4) land transport and (5) air transport. EU civil rights: Almost ten years ago, the EU informed Switzerland that the bilateral agreement on the free movement of persons (AFMP) needed to be updated in preparation for the 2004/38 EUROPEAN directive. However, the Swiss federal government objected and the EU could do little about it, as THE AFMP, in its current form, does not provide a legal obligation to update its legal achievements in the light of more recent EU law.

During negotiations on an institutional agreement, the EU argued that the directive should be incorporated into legislation which, in the future, would fall under a dynamic updating system similar to that of EEA law.